Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc

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PART 2-2 - COMMONWEALTH GRANT SCHEME

Division 30 - Which higher education providers are eligible for a grant?

Subdivision 30-B - Allocation of places

SECTION 30-10 Allocation of places

30-10(1)

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The Minister may allocate a specified number of Commonwealth supported places for a year to:

(a) a *Table A provider in relation to *designated higher education courses; and

(b) a higher education provider referred to in subparagraph 30-1(1)(b)(i) .

Note:

The Minister does not allocate places to Table A providers in relation to higher education courses or demand driven higher education courses.

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History

S 30-10(1) amended by No 39 of 2021, s 3 and Sch 2 item 3, by substituting " Commonwealth supported places " for " Commonwealth support places " , effective 28 May 2021. No 39 of 2021, s 3 and Sch 2 item 4 contain the following application, saving and transitional provisions:

4 Application, saving and transitional provisions
(1)
Parts 2-2 and 2-4 of the Higher Education Support Act 2003 apply on and after the commencement of this item to the University of Notre Dame Australia, in relation to the calendar year 2021, as if it continued to be a Table B provider.

(2)
The amendments made by this Schedule do not affect the validity of a grant to the University of Notre Dame Australia, being a grant that was approved under Part 2-2A or 2-3 of the Higher Education Support Act 2003 before the commencement of this item.

(3)
If:
(a) immediately before the commencement of this item, the University of Notre Dame Australia was providing a unit of study; and
(b) at any time, in relation to that unit of study, there is a FEE-HELP debt under subsection 137-10(1) of the Higher Education Support Act 2003 ;
then:

(c) if the census date for that unit of study was before the commencement of this item - paragraph 137-10(2)(a) of the Higher Education Support Act 2003 applies in relation to the debt; and
(d) if the census date for that unit of study is on or after the commencement of this item - paragraph 137-10(2)(b) or (c) of the Higher Education Support Act 2003 applies in relation to the debt (as the case requires).

S 30-10(1) substituted by No 93 of 2020, s 3 and Sch 1 item 2, effective 28 October 2020. For application provisions, see note under s 30-12 . S 30-10(1) formerly read:

30-10(1)
Before the commencement of a year, the Minister may, for that year, allocate a specified *number of Commonwealth supported places to:

(a) a *Table A provider in relation to *designated courses of study; and

(b) a higher education provider referred to in subparagraph 30-1(1)(b)(i).
Note:

The Minister does not allocate places to Table A providers in relation to non-designated courses of study.

S 30-10(1) substituted by No 104 of 2011, s 3 and Sch 1 item 5, applicable in relation to the year commencing on 1 January 2012 or a later year. S 30-10(1) formerly read:

30-10(1)
Before the commencement of a year, the Minister may allocate a specified *number of Commonwealth supported places to a higher education provider for that year.

30-10(2)
The allocation must specify the distribution of those places between the *funding clusters.

30-10(2A)
If the provider has indicated to the Minister its preferred distribution of those places, the Minister must have regard to that preferred distribution in deciding the distribution of those places.

30-10(3)
(Repealed by No 104 of 2011)

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30-10(4)
If the provider is not a *Table A provider, the allocation must specify:

(a) that it is only in respect of *national priorities; and

(b) the number of places for each national priority for which the provider is allocated places; and

(c)

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the number of places (if any) for each *funding cluster that are in respect of *non-grandfathered students; and

(d)

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the number of places (if any) for each funding cluster (other than the *first funding cluster and the *second funding cluster) that are in respect of *grandfathered students; and

(e)

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the number of places (if any) for each *grandfathered funding cluster part that are in respect of grandfathered students.

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30-10(5)

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If the allocation made under subsection (1) is made in writing, the allocation is not a legislative instrument.

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